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shortrnmost · Jul 10, 2011, 08:26 AM

When inheriting a life estate, who has rights to the personal property contained within the house? I recently inherited a life estate house and the children of the deceased are laying claim to the property. This is not necessarily a problem seeing as I don't really want the personal property. However I did write a notice that they have 10 days to remove the property. The person who died was not a tenant but my husbands mother. My husband died a few years ago and all possessions were willed to me as his spouse. Needless to say my in laws and I don't get along. Some other questions I have are:
Do I have to make the house available everyday for the 10 days?
How long does it have to be opened daily?
Do they have a right to leave trash (unwanted items) in the house?

Stratmando · Jul 10, 2011, 08:42 AM

They need to Plan and Schedule, Not make you Jump.
You could tell them they can have it all but need to take the Trash as well, maybe even First, or hold something(s) of Value and agree to give to them when all is removed.
You are doing them a Favor.
If all is worthless, they may be doing you a favor?

Fr_Chuck · Jul 10, 2011, 08:50 AM

Sorry but the "husbands mother" is a tenant, they were a resident of the home and you will have to treat the household property as such

Stratmando · Jul 10, 2011, 09:32 AM

Fr, I am just curious, If a "Tennant"? Doesn't pay rent, are they a tenant, or is their another name? And are they treated the same?

Fr_Chuck · Jul 10, 2011, 09:37 AM

They do not have to pay rent to be a tenant, they merely have to reside in the home legally. You may call them a resident.

Stratmando · Jul 10, 2011, 09:38 AM

Thanks

ScottGem · Jul 10, 2011, 02:13 PM

This is confusing. A life estate occurs when a person is granted use of a property during their lifetime. When they die, the property reverts back to the original owner. So one does not "inherit" a life estate. You inherited the property when your husband died, subject to the life estate.

Generally a life estate refers to real property, not personal property. So the children would be entitled to the property. It would be required that you all make reasonable arrangements to schedule the removal of that property.

AK lawyer · Jul 10, 2011, 02:23 PM

Actually the late mother-in-law was a "life tenant"; not the same as a tenant protected by landlord-tenant statutes. OP is the "remainderman" with respect to that life tenancy. The MIL's children should give OP an affidavit for collection of personal property if such is provided for in your state's probate code.